Legal support in urban renewal projects

How to ensure a safe and quiet process

The field of urban renewal has become in recent years one of the main growth engines of the real estate market in Israel. Projects of Tama 38 and evacuationconstruction are changing the face of cities, strengthening old buildings, improving infrastructure and adding new apartments in city centers.
However, behind every project lies a particularly complex legal and planning process – one that involves residents, developers, local authorities and accompanying banks. To ensure that the project progresses smoothly and safely, it is important to enlist the support of a real estate lawyer specializing in urban renewal.

What is urban renewal and why is it so important?

Urban renewal is designed to renew the existing urban fabric by strengthening old buildings, improving the public space and adding new housing units.
The purpose of the process is to improve the quality of life of the residents, strengthen buildings against earthquakes, and give old neighborhoods a modern look and advanced infrastructure.
The state encourages such projects through incentives for entrepreneurs and tax breaks, which has made the field particularly attractive to both residents and entrepreneurs.

Tama 38 and evacuationconstruction – two different routes to the same goal

There are two main routes for carrying out urban renewal projects:

  • Tama 38 is primarily intended to strengthen existing buildings against earthquakes, while adding floors, balconies, elevators and sometimes additional housing units.
  • Evacuationconstruction includes the demolition of old buildings and the reconstruction of a modern project in their place, including new apartments, parking lots, green areas and upgraded infrastructure.

The choice between the two routes depends on the condition of the building, the size of the plot, the number of residents and the economic feasibility. A lawyer specializing in the field examines the most appropriate alternative for the property and the residents, and helps to advance the legal process accordingly.

Legal support for residents – maintaining rights and full security

Urban renewal projects require special care on the part of apartment owners. Sometimes this is a process that lasts several years and includes many factors – developers, contractors, appraisers, authorities and banks.
The role of a real estate lawyer representing the residents is to ensure that each of them receives the full legal rights and protections, from the negotiation stage to receiving the new apartments.

Among other things, the following are checked:

  • The identity of the entrepreneur and his financial strength.
  • The guarantees and securities that guarantee the execution of the project.
  • The technical specifications of the new apartments.
  • Timetables and compensation in case of delay.

Proper legal representation ensures that every commitment is documented and approved, that the contract is fair, and that the property rights of the residents are not violated.

Legal support for entrepreneurs – preventing risks and meeting the requirements of the law

Urban renewal agreements are the legal basis of the entire project. A properly drafted contract protects all parties and reduces the chance of disputes later on.
The contract includes the terms of consideration for the residents, the technical specifications of the new apartments, the guarantees and securities that the entrepreneur is required to provide, as well as the dates of evacuation, construction and occupancy.

The lawyer examines each clause, makes sure that the commitments are enforceable, and that the documents are backed by valid bank guarantees.
This ensures full protection of the rights and interests of all those involved in the project.

Choosing a suitable entrepreneur – a thorough check before signing

Before proceeding to agreements, it is important to choose an experienced and reliable entrepreneur.
The check includes a review of previous projects he has carried out, his financial situation, his adherence to timetables and an assessment of his financial ability to complete the construction.
A skilled real estate lawyer knows how to analyze the proposed contract, expose risks and compare different offers – to ensure that the choice is made wisely and safely.

A comprehensive check at this stage can prevent costly mistakes and save years of delays or legal battles.

Tax aspects in urban renewal – do not give up proper planning

One of the complex areas in urban renewal projects is taxation.
Each transaction may have different implications in terms of capital gains tax, purchase tax and betterment levies.
Early tax planning and checking eligibility for exemptions can save significant amounts of money, prevent double charges and ensure a smooth process with the tax authorities.

Professional legal support ensures that the required reports are submitted on time and ensures that the transaction meets all the requirements of the law.

Managing the process with the authorities and banks

An urban renewal project may take several years. Therefore, it is important to maintain full transparency, open communication and trust between all parties.
The lawyer accompanies the residents all the way, explains in clear language the meaning of each stage, and ensures that the decisions are made with understanding and cooperation.
This approach makes it possible to advance the project in a positive atmosphere, strengthen the confidence of the residents and ensure peace of mind until the end of the process.

Summary – this is what safe and correct urban renewal looks like

Urban renewal is a rare opportunity for a real upgrade in the quality of life and the value of the property.
However, in order for the project to succeed, professional legal support is required that understands the law, knows the area and knows how to protect each party.
An experienced real estate lawyer is the factor that connects the vision to reality – ensures transparency, ensures compliance with laws and guarantees, and allows all parties to enjoy a smooth and safe process. This is how urban renewal turns from a dream about a new building – into a planned, safe and legal reality.

The above is general information only and does not constitute legal advice.

Advocate Shai Shalom Expert in Urban Renewal

Article Author: Adv. Shai Shalom

Specializing in the field of real estate, TAMA 38 and urban renewal in all its aspects, planning and construction, and has extensive knowledge, experience and reputation in accompanying complex matters, legal disputes and transactions in these areas. Adv. Shalom's experience in the field of urban renewal began as a personal experience. In 2010, Adv. Shalom began to carry out a demolition and construction project in the building where he lived as an apartment owner. The project was completed successfully and Adv. Shalom resides in the new building that was built. Since then, Adv. Shalom has represented hundreds of residents in urban renewal projects. With an emphasis on accompanying residents and not developers.

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